Suchergebnisse

We argue in this paper that in order to enact legislation on disaster management, the legislator must take into account the fact that individuals act nomotrophically, or "in function of" norms. This is particularly the case in situations of legal pluralism, where customary institutions compete with State regulations. We provide a nomotropic analysis of these cases of pluralism, relying on the existing literature on the issues caused by the fact that some legislations on disaster management disregard customary institutions. We show that this perspective is compatible with the economic analysis of norms and that it encourages States to rely on individual tendencies to nomotropism instead of trying to overcome it.

Introduction: Impure theories of custom and law -- PART 1: Custom, law and legality -- 1. Custom and primitivity: On the unity of the legal technique -- 2. A three-dimensional ontology of customs -- 3. Land tenure and irrigation in North Vietnam's mountainous regions: Rights outside the law? -- PART 2: Codifying customs in the face of social change -- 4. Oral custom: At the origin or at the fringes of law? -- 5. A written customary law among the Rwa in Tanzania -- 6. Are all informal normative facts custom? The ideological dimensions of company customs -- 7. Law, custom and social change in New Caledonia: A case-study: Gender reassignment on the customary civil register -- PART 3: Custom, law and property rights -- 8. When land and sky turn French: Is there any place left for the Bunong when private land property disrupts customary spaces along the Vietnamese-Cambodian border? -- 9. Proof and test: The construction of customary land in New Caledonia -- 10. Customary land rules in French Provence from the Ancien Régime to our days.